Rule 18.11 Application to vary or discharge a special measures directionI1

England and Wales

(1)

A party who wants the court to vary or discharge a special measures direction must—

(a)

apply in writing, as soon as reasonably practicable after becoming aware of the grounds for doing so; and

(b)

serve the application on—

(i)

the court officer, and

(ii)

each other party.

(2)

The applicant must—

(a)

explain what material circumstances have changed since the direction was given (or last varied, if applicable);

(b)

explain why the direction should be varied or discharged; and

(c)

ask for a hearing, if the applicant wants one, and explain why it is needed.

[Note. Under section 20 of the Youth Justice and Criminal Evidence Act 1999, the court can vary or discharge a special measures direction—

(a)

on application, if there has been a material change of circumstances; or

(b)

on the court’s own initiative.]

Annotations